Legal Question in Real Estate Law in Florida
Developer waranties
I am the President of an Association of 42 apartments, three story building located in North Miami Beach. Recently, the management of the building was turned over to the owners, by the developer, a month ago 09/12/07. Since then we realized that the elevator in our building is outdated and needs to be updated to the current county code ( it was updated at the end of 2006), major job that includes a replacement of the hydraulic cylinder, handicap update and fire safety update. The quotes that we collected are in the range between $ 38000 to $ 45000.
According to the Condominium act 718.203 Developer Warranties
Article (e) justifies the responsibility of the developer to the roof and structural components of the building and also the mechanical, electrical and plumbing element of the building.
My question is: Do we have to hold the developer accountable for the cost of the repairs and replacement of the elevator and roof as outlined in the above mentioned document or do we have to share the expenses using the reserved account money?
Please, help me to understand this matter.
P.S.
We also need a legal advises and assistance on condo related issues.
2 Answers from Attorneys
Re: Developer waranties
You should not have accepted the property without an inspection.
I would need more information to determine your rights against the developer. I doubt he will want to contribute to repairs.
Re: Developer waranties
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Unfortunately, you erred by not consulting with an attorney prior to the takeover. Most Associations will get an professional inspection done by a licensed engineer to determine that the developer has complied with component of Florida Statutes 718. You may still have some rights against the developer although it will be a more difficult battle at this point.
You should meet with a qualified attorney to review this matter and your other issues with the Board of Directors or their representatives. This is not the time to save money by trying to "do it yourself".
Scott R. Jay, Esq.
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